环境民事公益诉讼的法律障碍及路径选择

Legal Obstacles and Route Selection of the Environmental Civil Lawsuit of Public Welfare

环境公益纠纷是伴随着社会发展必然出现的纠纷形式。为维护社会公益,解决环境公益纠纷已成为一项不容回避的课题。环境民事公益诉讼的出现,既是诉讼法对其自身只顾及保护私人利益的狭隘性突破,也是对传统民事诉讼法律制度的超越。针对我国传统民事诉讼在排解环境公益纠纷上的程序障碍,建立价值与规则独立为一体的全新公益制度尤为必要。

The disputes over environmental public welfare inevitably come along with the development of society. To safeguard the social public welfare, the solution to the environmental disputes has become a research project which can never be evaded. The appearance of the environmental civil lawsuit of public welfare brings a breakthrough to the traditional civil lawsuit system, which has been restricting itself within a limited scope of protecting private interests only. As to the procedural obstacles produced by our traditional civil lawsuit system in mediating the environmental dispute of public welfare, it is necessary to establish a new public welfare system in which values and regulations have been integrated into an organic whole.